Uma análise sobre os aspectos polêmicos do erro: escusabilidade e recognoscibilidade

Abstract

Analysis on the controversial aspects of the error: impusability and recognoscibilidade. The general notions about the legal business and its valid and binding existential formation are explained. It presents the concept of error as a defect that reaches the negotiation statement. The variants of the error and its related figures are exposed. An explanation is given of the origin of the error and of its legislative and doctrinal treatment under the Code of 1916. Comments are made on the most diverse kinds of errors. The principles applicable to error are indicated and the theory of principles is briefly explained. An analysis of the error requirements in art. 138 of the Civil Code of 2002. The analysis uses the interpretive elements of Savigny. It raises the possibility of a possible coexistence between the typically legal requirement of recognisability and the requirement of excuseability. It is concluded by the coexistence of the typically legal requirement of recognoscibilidade and the requirement of excruciation due to the principles of current Civil Law.